State v. Carey

165 N.W.2d 27 (1969)

STATE of Iowa, Appellee,

v.

James Schofield CAREY, Appellant.

No. 52942.

Supreme Court of Iowa.

February 11, 1969.

Richard L. Pinegar and Norman G. Jesse, of Des Moines, for appellant.

Richard C. Turner, Atty. Gen., and William A. Claerhout, Asst. Atty. Gen., for appellee.

LeGRAND, Justice.

Defendant appeals from judgment following his conviction of the crime of aggravated burglary as defined in sections 708.1 and 708.2, Code of Iowa, 1966. We reverse and remand for a new trial.

The charge arose out of an incident in Harlan, Iowa, on the evening of October 29, 1966, when defendant…